Mombasa tenants seek court orders against NHC over evictions

Tenants at a Mombasa estate owned by National Housing Corporation (NHC) want the state firm ordered to relinquish the houses to them as mortgages.

They also want a court declaration that NHC's move to evict, or threats to evict them from the rented houses, is a breach of the constitution.

The tenants at the NHC Changamwe rental estate want to be given the houses on mortgage since they have been "taking care of them".

They say the move will relieve NHC of obligations that they seem not to have been able to keep.

The petitioners argue that the housing firm is claiming arrears of up to Sh1 million, an amount they term as outrageous and unreasonable.

Without notice

“The respondents have increased rent of the premises without notice to the petitioners and backdated the difference of the increase as far as the year 2009,” said the residents through their petition in the High Court.

The tenants are also seeking an order to prohibit NHC from interfering with their peaceful stay in the houses until the Ministry of Land and Housing addresses the issue of validity and the correct rent to be paid and how they can settle arrears if any.

The tenants claim that NHC breached their constitutional rights by storming into several houses and throwing out their properties.

They have described the actions by NHC as cruel and degrading since they were given no opportunity to defend their position before the eviction.

“The petitioners now live in fear since they do not know when the respondents might try to evict them again,” the petition read.

The tenants further claim that the housing units are roofed with asbestos, which they claim has been classified as a hazardous material.

Besides, the tenants claim the drainage is blocked, with raw sewage flowing in the open and posing a health risk.

They also claim that they have been forced to use their own money to "fix" some problems such as putting new doors to the houses.

Fit for habitation

The tenants argue that it is NHC's duty to ensure that the housing they provide is fit for human habitation and has reasonable standards for occupation.

They are also seeking a declaration that their forcible, violent and brutal evictions from their houses -- without according their children alternative shelter and leaving them in the open and exposed to vagaries of nature -- is a violation of rights and against the Constitution.

Justice Eric Ogola directed the NHC, which is being represented by lawyer Augustine Wafula, to file its replying affidavit and ordered that the status quo remains.

This means rent payments will be maintained until the petition is heard and determined, the court said.

The petition has been fixed for hearing on June 29.